HomeMy WebLinkAbout05 MOA NAVY & TUSTIN (LAGECY) 04-03-00AGENDA
DATE:
APRIL 3, 2000
NO. 5
04-03-00
Inter C o
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
REDEVELOPMENT STAFF
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE UNITED STATES OF
AMERICA (THROUGH THE SECRETARY OF THE ARMY OR DESIGNEE) AND
THE CITY.OF TUSTIN
SUMMARY: The attached Agreement between the City of Tustin' and the Army is for the
Army's acquisition from the Navy of 16.7 gross acres for a reserve center at Madne Corps
Air Station (MCAS), Tustin which includes no-cost provisions for Barranca Parkway rights-
of-way. The Agreement recognizes that the City may enter into a future agreement for
exchange of the Army reserve center for other property provided it meets Army and
Government requirements and standards, subject to discretion of the Army.
RECOMMENDATION:
Authorize the City Manager to enter into a Memorandum of Agreement by and between the
United States of America (through the Secretary of the Army or Designee) and the City of
Tustin.
FISCAL IMPACT:
The Agreement provides for the Army to dedicate at no cost to the City of Tustin additional
roadway right-of-way along a segment of Barranca Parkway.
BACKGROUND:
The Santa Ana Armed Forces Reserves Center originally requested 21.66 acres of property
at MCAS, Tustin. After lengthy negotiations, the City and Army agreed that the Army would
only retain 16.7 gross acres (14.5 net acres) at MCAS, Tustin subject to a number of
conditions that would be stipulated in a Memorandum of Agreement.
The attached Agreement is the culmination of our negotiations with the Army,
accommodating the City's Reuse Plan and the Army's need for a reserve center. Pursuant
to the Agreement, the Army will acquire 16.7 gross acres at former MCAS, Tustin from the
Navy for use as a reserve center. Further, the Army will dedicate to the City a no-cost right-
of-way for a segment of Barranca Parkway, and the City is granting back to the Army a
permit across the right-of-way until Barranca Parkway street widening is complete and the
MOA between Army and
April 3, 2000
Page 2
' of Tustin
street widened segment is open to traffic. The Agreement also recognizes that the City may
enter into a future agreement for exchange of the Armed Forces Reserve Center for other
property provided it meets Army and Federal Government requirements and standards,
subject to discretion of the Army.
Staff believes that based on negotiations with the Army, the Agreement accomplishes the
City's goals. The Agreement has been prepared and approved by the City's special counsel
for base closure matters, George Schlossberg with Kutak Rock LLP.
Christine Shing~
Assistant City Manager
cc: Dana Ogdon
KR LLP EXECUTION VERSION
3/16/00
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE UNITED STATES OF AMERICA
(THRU THE SECRETARY OF THE ARMY OR DESIGNEE)
AND
THE CITY OF TUSTIN, CALIFORNIA
USE AND DISCLOSURE OF DATA
The data in this proposal shall not be disclosed outside the Government and shall not be duplicated,
used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided,
that if a contract is awarded to this offeror as a result of or in connection with the submission of these
data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided
in the contract. This restriction does not limit the Government's right to use information contained
in the data if it is obtainable from another source' without restriction. The data subject to this
restriction are contained in Pages 1-14, and Exhibits A-E.
03-21740.09
TUSTIN ARMY RESERVE AGREEMENT
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE UNITED STATES OF AMERICA
(THRU THE SECRETARY OF THE ARMY OR DESIGNEE)
AND
THE CITY OF TUSTIN, CALIFORNIA
INDEX
RECITALS: ............................................................................................................................ 1
ARTICLE 1. DEFINITIONS: ....................................................................................................... 2
1.01. Agreement.
1.02. Exchange Agreement.
1.03. Property.
ARTICLE 2. APPLICATION AMENDMENT: ............................. · ............................................. 3
ARTICLE 3. NO COST RIGHT OF WAY: ................................................................................. 3
ARTICLE 4. CONSDERATION ................................................................................................. 4
ARTICLE 5. FUTURE REAL PROPERTY TRANSFER/EXCHANGE .................................... 4
5.01. General.
5.02. Exchange.
5.03. Sale.
ARTICLE 6. INGRESS/EGRESS ..................................................................... : .......................... 4
6.01. Existing Ingress/Egress.
6.02. New Access to the Property.
6.03. Fencing.
ARTICLE 7. POLICE AND FIRE SERVICES: ........................................................................... 5
ARTICLE 8. UTILITY SERVICES: ............................................................................................ 5
ARTICLE 9. DUTY TO INFORM: .............................................................................................. 5
ARTICLE 10. AUTHORITY: ...................................................................................................... 5
03-21740.09 ii
TUSTIN ARMY RESERVE AGREEMENT
ARTICLE 11. GOVERNING LAW: ............................................................................................. 5
ARTICLE 12. NO JOINT VENTURE: ........................................................................................ 6
ARTICLE 13. COOPERATION: ................................................................................................. 6
ARTICLE 14. NOTICES: ............................................................................................................. 6
ARTICLE 15. CONTRACT DISPUTES ..................................................................................... 7
ARTICLE 16. ENTIRE AGREEMENT, AMENDMENTS AND WAIVER: ............................. 7
ARTICLE 17. INTERPRETATION: ............................................................................................ 7
ARTICLE 18. FLrRTHER ASSURANCES: ......................................................................
18.01. Document Delivery.
18.02. Anti-Deficiency Act.
ARTICLE 19 OFFICIALS NOT TO BENEFIT: ......................................... · ................................ 8
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ARTICLE 20. NON-DISCRIMINATION: ........................................... ~ ......................................
EXHIBITS
EXHIBIT A- LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT B - RIGHT OF WAY DEDICATION
EXHIBIT C - ENCROACHMENT PERMIT
EXHIBIT D - UTILITY EASEMENT
EXHIBIT E- HOST TENANT AGREEMENT (Noy(R)-61624)
03-21740.09 iii
TUSTIN ARMY RESERVE AGREEMENT
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE UNITED STATES OF AMERICA
(THRU THE SECRETARY OF THE ARMY OR DESIGNEE)
THE CITY OF TUSTIN, CALIFORNIA
8 THIS MEMORANDUM OF AGREEMENT (this "Agreement") is entered into by and
9 between the United States of America, acting by and through the Secretary of the Army, or designee
10 (hereinafter referred to as "Army" or "Government"), and the City of Tustin, California, a
11 municipality organized and existing under the laws of the State of California, and recognized as the
12 Local Redevelopment Authority (hereinafter referred to as "LRA") by the Office of Economic
13 Adjustment on behalf of the Secretary of Defense (collectively, the "Parties").
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RECITALS.
WHEREAS:
1. The United States of America is the owner of certain real property, improvements, and
other rights appurtenant thereto together with all personal property thereon, located in the City of
Tustin, California, and commonly referred to as Marine Corps Air Station, Tustin, which was
utilized as a military installation ("the Base").
21 2. The Base was ordered to be closed pursuant to The Defense Base Closure and
22 Realignment Act of 1990, as amended (Pub. L. No. 101-510; hereinafter referred to as the
23 "DBCRA"). The United States Department of the Navy ("Navy") was required to close the Santa
24 Ana (Irvine) Naval Reserve Center, located on the Base also pursuant to the DBCRA.
25 3. The United States Army Reserve ("USAR") and the United States Naval Reserve
26 ("USNR") jointly funded the Armed Forces Reserve Center ("AFRC") located at the Base. The
27 AFRC has had an addition funded by the USAR.
28 4. The LRA developed a Reuse Plan pursuant to the DBCRA to redevelop the Base ("Reuse
29 Plan").
30 5. Pursuant to Section 2905(b)(4) of the DBCRA, and the implementing regulations of the
31 Department of Defense (32 CFR Parts 90 and 91), the LRA intends to apply to the Government to
03-21740.09 1
TUSTIN ARMY RESERVE AGREEMENT
1 obtain property on the Base through an Economic Development Conveyance (the "EDC
2 Application") for use of the Base consistent with the Reuse Plan.
3 6. USAR units have been granted occupancy and use of the AFRC as a tenant by a permit
4 from the Navy and a Host-Tenant Agreement dated 27 June 1963 (Noy(R)-61624) (amended), as
5 noted in Exhibit E. The USAR has a continuing requirement for facilities in the geographic area to
6 support existing and future missions.
7 7. In order to accommodate the LRA's reuse plans for the Base, and the Army's continued
8 need for the AFRC, the Army and the LRA have reached an agreement whereby the Army will
9 acquire the property from the Navy described in Exhibit A ("Property") for use as a USAR facility,
10 in lieu of the property granted by permit to the USAR by the Navy, as described in Exhibit E.
11 8. The LRA and the Government desire to establish the boundaries for their respective
12 properties so as to implement the property transfers contemplated herein and support the LRA Reuse
13 Plan.
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9. If, in the future, the LRA determines that it would be advantageous to acquire the
Property through an exchange of property, the LRA may elect to make an Exchange .Agreement
proposal to the Army in accordance with 10 U.S.C. § 18233.
AGREEMENTS
20 NOW THEREFORE, in consideration of the foregoing premises and the respective
21 representations and conditions herein contained, and other good and valuable consideration, the
22 sufficiency of which is hereby acknowledged, the Government and LRA agree as follows:
23
ARTICLE 1. DEFINITIONS:
24 When used herein, the following terms shall have the respective meanings set forth
25 for each such term:
26 1.01. Agreement. This MOA, including the Exhibits attached hereto, which are
27 incorporated herein by reference and made a part of this Agreement.
28 1.02. Exchange Agreement. Transfer of Government-owned property to the City of
29 Tustin as the Federally recognized Local Redevelopment Authority, in exchange for property of
30 equal military or other value, pursuant to Title 10 U.S.C. § 18233.
03-21740.09 2
TI. JSTIN ARMY RESERVE AGREEMENT
1 1.03. Property. The portion of the Property included in this Agreement described,
2 by among other ways, metes and bounds to be verified by survey and legal description acceptable
3 to the Parties all as set forth in Exhibit A. This description involves approximately 16.7 gross acres
4 together with all buildings and improvements thereon or therein, including an eighty (80) foot strip
5 of land consisting of an existing thirty (30) foot easement and an additional fifty (50) foot right of
6 way for a required roadway as described in Article 3.01.
.ARTICLE 2. APPLICATION AMENDMENT:
8 The Government and LRA hereby agree that consistent with this Agreement, the
9 Army shall amend its request to acquire property on the Base to reflect .a boundary and size as
10 generally reflected for the Property as defined in Section 1.03 above.
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ARTICLE 3. NO COST RIGHT OF WAY:
3.01. The Government shall dedicate to the LRA, at no cost to the LRA, an eighty
(80) foot wide strip of land consisting of an existing thirty (30) foot easement and an additional fifty
(50) foot right of way for a required roadway immediately abutting the road commonly referred to
as Barranca Parkway ("Right of Way Dedication"), generally in the form attached as Exhibit B. The
Government shall provide the Right of Way Dedication to the LRA within a reasonable period of
time following transfer of administrative jurisdiction over the Property from the Secretary of the
Navy to the Secretary of the Army. The Right of Way Dedication granted to the LRA shall provide
that if the road is not constructed within twenty (20) years, the Right of Way Dedication will
automatically terminate.
21 3.02..The LRA shall grant to the Government, within a reasonable period of time
22 following the recording of the Right of Way Dedication, an exclusive temporary Encroachment
23 Permit within the existing fence line along the road commonly referred to as Barranca Parkway
24 ("Encroachment Permit") generally in the form attached as Exhibit C. The LRA shall, at its own
25 expense, complete required street-widening of the road commonly referred to as Barranca Parkway
26 ("Barranca Improvements") within the Right of Way Dedication in accordance with City of Tustin
27 standards, and on a schedule consistent with the redevelopment of the Base. The LRA shall fund
28 landscape improvements in accordance with City of Tustin standards along the road commonly
29 referred to as Barranca Parkway after the completion of the Barranca Improvements ("Barranca
30 Landscaping") at no cost or expense to the Government. The Encroachment Permit shall expire
31 upon the completion of the Ban'anca Improvements and the Barranca Landscaping when the Right
32 of Way along the road commonly referred to as Barranca Parkway becomes accessible to the public.
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3.03. The LRA shall fund the relocation of facility signs, flagpole, associated
electrical service and other improvements such as curbs and gutters that are located within the
Right of Way Dedication. The scope of work and total cost to be incurred by the LRA shall be
subject to an agreement between the Parties.
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TUSTIN ARMY RESERVE AGREEMENT
ARTICLE 4. CONSIDERATION
2 The Parties agree to undertake the actions specifically described herein, which the
3 Parties accept as good and valuable consideration. This Agreement shall not require the payment of
4 monies by any of the Parties to other Parties to the Agreement.
ARTICLE 5. FUTURE REAL PROPERTY TRANSFER/EXCHANGE
6 5.01. General. It is understood by the parties that the Secretary of the Army, at
7 present, has the authoritY under 10 U.S.C. §18233 to enter into agreements for the exchange of
8 certain property, without Federal screening.
5.02. Exchange. The GoVernment acknowledges that, in the future, the LRA may
wish to offer an exchange of other real property for the Property. The LRA Understands and agrees
the offered exchange would have to meet USAR and Government requirements and standards, and
would be subject to Army approval. The LRA further understands and agrees that any future
exchange offer by the LRA to the Army will be considered at the time of the offer and that the Army
cannot make any commitment regarding approval at this time. Further, if the Army decides to enter
into an agreement with the LRA pursuant to 10 U.S.C. § 18233, the Government shall negotiate with
the LRA in good faith.
5.03. Sale. The Government may choose to dispose of the Property in the future.
The Government shall notify the LRA within ten (10) days of a Government decision that the
Property is surplus to its needs.
ARTICLE 6. INGRESS/EGRESS
21 6.01. Existing Ingress/Egress. The Government shall continue to have access to the
22 Property at all times from the road commonly referred to as Barranca Parkway.
23 6.02. New Access to the Property. The LRA shall provide the Government,
24 following the completion of roadway improvements, ingress and egress to the Property from a
25 proposed future roadway commonly referred to as Tustin Ranch Road. The Army shall apply for
26 and gain approval from the LRA for the location and construction of such ingress/egress to Tustin
27 Ranch Road.
28 6.03. Fencing. Fencing of the Property is at the discretion of the USAR, based on
29 Army regulations and security standards. The Army shall attempt to ensure that any fencing
30 installed on the Property is consistent with the development within the area.
03-21740.09 4
.---. TUSTIN ARMY RESERVE AGREEMENT
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ARTICLE 7. POLICE AND FIRE SERVICES:
The Government shall be responsible to coordinate with the local municipality for
concurrent jurisdiction of police and fire services for the Property. The City shall provide police
and fire services for the Property subject to the Government providing details of quantity and
nature of all:
i) Hazardous and flammable materials on the Property in accordance with
the State of California and City laws, regulations, and procedures; and
ii) Weapons located on the Property
ARTICLE 8. UTILITY SERVICES:
13 8.01. The Govemment shall be responsible for obtaining all required utility services,
14 at its own cost and expense, from normal utility service providers.
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8.02. The Government agrees to grant the City utility easements needed in the
future, at no cost to the City, consistent with law and regulation and as mutually agreed to by the
Parties, in the form set forth in Exhibit D.
ARTICLE 9. DUTY TO INFORM:
19 The Government and LRA shall give notice to each other of any matter, which
20 materially affects the Government's or the LRA's fights or interest in the Property, or events, which
21 materially affect the Government's or LRA's rights or obligations herein.
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ARTICLE 10. AUTHORITY:
23 The Government and LRA warrant to each other that each is authorized to execute
24 and enter into this Agreement and that this Agreement is legally binding on each party subject to the
25 terms hereof.
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ARTICLE 11. GOVERNING LAW:
27 This Agreement and the rights of the Parties hereunder shall be interpreted in
28 accordance with Federal law and, to the extent applicable under Federal law, the law of the State of
29 California.
03-21740.09 5
TUSTIN ARMY RESERVE AGREEMENT
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ARTICLE 12. NO JOINT VENTURE:
2 The Government and LRA acknowledge and agree that nothing contained in this
3 Agreement shall be construed as creating a parmership or joint venture between the Government and
4 the LRA.
ARTICLE 13. COOPERATION:
This Agreement is intended to create a legally binding obligation between the
'Government and LRA. The Parties agree to cooperate reasonably to complete the transactions
contemplated herein.
ARTICLE 14. NOTICES:
Any notice, request, demand, instruction or other document to be given or served
hereunder or under any document or instrument executed pursuant hereto shall be in writing and
shall be delivered personally (including by messenger) or sent by United States registered or certified
mail, return receipt requested, postage prepaid, or by courier, postage prepaid and addressed to the
parties at their respective addresses set forth below, and the same shall be effective upon receipt if
delivered personally or by messenger or two business days after deposit in the mails if mailed. A
party may change its address for receipt of notices by service of a notice of such change in
accordance herewith.
19 Distribution:
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If to LRA:
Ms. Christine Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
(714) 573-3107
with a copy to:
George R. Schlossberg
Kutak Rock Attorneys
1101 Connecticut Avenue, N.W.
10th Floor
Washington D.C. 20036
(202) 828-2418
03-21740.09'
TUSTIN ARMY RESERVE AGREEMENT
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If to Army:
63D Regional Support Command
P.O. Box 3001.
Los Alamitos, CA 90720-1301
with a copy to:
Commander
U.S. Army Reserve Command
1401 Deshler Street, S.W.
Fort McPherson, GA 30330-2000
with a copy to:
Chief, Real Estate Division
U.S. Army Corps of Engineers
Los Angeles District
P.O. Box 532711
Los Angeles, CA 90053-2325
ARTICLE 15. CONTRACT DISPUTES
The Parties agree to resolve all disputes and disagreements that may arise under this
Agreement, which cannot be negotiated equitably between the Parties, in accordance with Federal
laws and regulations applying to contract disputes.
ARTICLE 16. ENTIRE AGREEMENT:
19 This Agreement contains the entire agreement and tmderstanding of the parties in
20 respect to the Agreement, and may not be mended, modified, or discharged nor may any of its terms
21 be waived except by an instrument in writing signed by the parties to be bound thereby. The parties
22 hereto shall not be bound by any terms, conditions, statements, warranties, or representations, oral
23 or written, not contained herein.
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ARTICLE 17. INTERPRETATION:
17.01. The headings and captions herein are inserted for convenient reference only
and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise
affect the interpretation hereof.
17.02. The terms "hereby," '*hereof, .... hereto," "herein," "hereunder" and any similar
terms shall refer to this Agreement, and the term "hereafter" shall mean after, and the term
"heretofore" shall mean before the date of this Agreement.
17.03. Words of the masculine, feminine, or neuter gender shall mean and include
the correlative words of other genders, and words importing the singular number shall mean and
include the plural number and vice versa.
03-21740.09 7
TUSTIN ARMY RESERVE AGREEMENT
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2 17.04. Words importing persons shall include firms, associations, partnerships
3 (including .limited partnerships), trusts, corporations, and other legal entities, including public
4 bodies, as well as natural persons.
5 17.05. The terms "include," including," and similar terms shall be construed as if
6 followed by the phrase "without being limited to."
17.06. This Agreement and any document or instrument executed pursuant hereto,
may be eXecuted in any number of counterparts each of which shall be deemed an original, but all
of which together shall constitute one and the same instrument.
17.07. Time is of the essence of this Agreement.
17.08. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and
provisiOn of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
ARTICLE 18. FURTHER ASSURANCES:
19 18.01. Document Delivery. The Government shall, upon the reasonable request of
20 the LRA shall execute, cause to be executed, acknowledged, or delivered any and all such further
21 instnmaents and documents as may be necessary or proper, in order to carry out the intent and
22 purpose of this Agreement.
23 18.02. Anti-Deficiency Act. This agreement does not create any obligation to pay
24 or reimburse any funds in excess of amounts lawfully appropriated for that purpose, or to otherwise
25 violate the Anti-Deficiency Act, 31 U.S.C. 1341.
26
ARTICLE 19 OFFICIALS NOT TO BENEFIT:
27 The LRA acknowledges that no member of, or delegate to the Congress, or resident
28 . commissioner, shall be permitted to share any part of the contract of sale, or to receive any benefit
29 that may arise therefrom. This provision shall not be construed to extend to the contract of sale if
30 made with a corporation for its general benefit.
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ARTICLE 20. NON-DISCRIMINATION:
The LRA covenant for themselves, their successors and assigns and every successor
in interest to the Property hereby conveyed, or any part thereof, that the said LRA and such
successors and assigns shall not discriminate upon the basis of race, color, sex, religion, or national
03-21740.09 8
TUSTIN ARMY RESERVE AGREEMENT
1 origin in the use, occupancy, sale or lease of the Property, or in their employment practices
2 conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms
3 within a family dwelling unit; nor shall it apply with respect to premises used primarily for religious
4 purposes. The United States of America shall be deemed a beneficiary of this covenant without
5 regard to whether it remains the owner of any land or interest therein in the locality of the Property
6 hereby conveyed and shall have the sole right to enforce this covenant in any court of competent
7 jurisdiction.
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(SIGNATURE PAGES TO FOLLOW)
03-21740.09
TUSTIN ARMY RESERVE AGREEMENT
1
2 In Testimony Whereof, witness the signature of the Government, acting by and
3 through The Secretary of the Army, United States Department of the Army, this day of
4 ,2000.
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UNITED STATES OF AMERICA
By:
PAUL W. JOHNSON
Deputy Assistant Secretary of the Army
(Installations and Housing)
16 COMMONWEALTH OF VIRGINIA )
17 SS
18 COUNTY OF ARLINGTON )
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The foregoing Agreement was acknowledged before me this day of ,2000, by
Paul W. Johnson, Deputy Assistant Secretary of the Army (Installations and Housing) on behalf of
the Government, acting by and through The Secretary of the Army, United States Department of the
Army
WITNESS my hand and official seal.
26 My commission expires on:
03-21740.09
TUSTIN ARMY RESERVE AGREEMENT
2 In Testimony Whereof, witness the signature of the City of Tustin, California, a
3 municipality organized and existing under the laws of the State of California, this day of
4 __, 2000.
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CITY OF TUSTIN
LOCAL REDEVELOPMENT AUTHORITY
By:
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STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
The foregoing Agreement was acknowledged before me thiS~
2000, by
the Local Redevelopment Authority.
day of~,
on behalf of the City of Tustin,
WITNESS my hand and official seal.
22 My commission expires
03-21740.09 1 1
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SHEX'T 1 OF 1
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COUNTY OF ORAWG£. 5TAT£ OF CALIFORNIA
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MAYS ~O ASSOCIATES
DATE OF SURVEY! MAY 5. 199g
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MOML~ENTAT ION ANO 10 DOCUMEN1 A P~OPOSFD IrED~RAi
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WHEN RECORDED RETURN TO:
Kutak Rock
1101 Connecticut Avenue, N.W.
Washington, D.C. 20036
Attn: Mr. George Schlossberg, Esq.
KR Execution
This Space is Reserved for Recorders Use Only
QUITCLAIM DEED FOR RIGHT OF WAY DEDICATION
THIS DEED, made this ~ day of~, 2000 by and between the UNITED STATES
OF AMERICA, acting by and through the SECRETARY OF THE ARMY, (hereinafter referred
to as the GRANTOR"), under and pursuant to the Federal Property and Administrative Services
Act of 1949, as amended 40 U.S.C. §484, and the delegation of authority to the Secretary. of
Defense from the Administrator of the General Services Administration (41 C.F.R. 101-47.601) and
the delegation of authority from the Secretary of Defense to the Secretary of the Army (20 F.R.
7113), and the CITY OF TUSTIN, CALIFORNIA and recognized as the Local Redevelopment
Authority by the Office of Economic Adjustment on behalf of the Secretary of Defense lbr the
former Marine Corps Air Station Tustin (hereinafter referred to as the "GRANTEE").
WlTNESSETH THAT:
WHEREAS, GRANTOR and the GRANTEE have entered into a Memorandum of
Agreement Between the United States of America Acting By and Through the Secretary of the
Army or Designee and the City of Tustin, California, dated the ~ day of ,2000
(hereinafter referred to as the "MOA");
WHEREAS, the MOA sets forth that the Property, as defined below, is being conveyed by
the GRANTOR to the GRANTEE to facilitate the development of a public thorough-fare.
NOW, THEREFORE, the GRANTOR, for good and valuable consideration does hereby
grant, remise, release, and forever quitclaim unto the GRANTEE, its successors and assigns, all
such interest, fights, title, and claim as the GRANTOR has in and to the Property, more particularly
described in Exhibit "A" which is attached hereto and made a part hereof, excepting fi'om the
Property easements reservations and restrictions as hereinafter set forth.
1. Property Description
The Property as described in EXHIBIT A includes:
A. all roadways, infrastructure, and improvements thereon and appurtenances thereto;
B. all appurtenant easements and other rights appurtenant to the Property;
03-37059.02
C. all hereditaments and tenements therein and reversions, remainders, issues, profits,
and other rights including mineral, gas, oil and other similar rights belonging or related to
the Property;
11. Property Conveyed "As Is"
Except as expressly provided for herein or in the MOA, the Property is conveyed in an "as
is", "where is" condition, without any representation or warranty whatsoever by the GRANTOR
concerning thc state of repair or condition of said Property.
III. Environmental Issues
CERCLA Covenants, Notice, and Environmental Remediation
Pursuant to Section 120(h)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et se4.. ("CERCLA"):
GRANTOR covenants that all remedial action necessary to protect human health and the
environment with respect to any known hazardous substance remaining on the Property
has been taken, or is in place and operating to the satisfaction of the State and Federal
regulatory agencies, before the date of transfer.
GRANTOR covenants that any remedial action due to the former activity on the Property
found to be necessary after such date of transfer shall be performed by the United States.
GRANTEE covenants that the GRANTOR, its officers, agents, employees, contractors
and subcontractors, in accordance with section 120(h) of the Comprehensive
Environmental Response, Compensation and Liability Act, as amended shall have access
to the Property in any case in which remedial action or corrective action is found to be
necessary after the date of the conveyance of the Property. The GRANTOR and the
GRANTEE agree to cooperate in good faith to minimize any Conflict between necessa~
environmental investigation and remediation activities and GRANTEE's or any
Sublessee's operations. Any inspection, survey, investigation, or other response or
remedial action will to the extent practicable, be coordinated 'with representatives
designated by GRANTEE.
GRANTOR covenants that upon completion of any removal or remediation action that
removes the risk giving rise to any restriction on future use or any limitation of activities
contained in a Deed or lease for the Property or in any other document relating to the
Property, the GRANTOR, without any payment of funds by the United States, agrees to
cooperate with the GRANTEE, its successors or assigns, in any application, permit.
easement or effort to obtain approval from appropriate Federal, state or local authorities
for the purpose of removing any such restriction or limitation, which the GRANTEE, its
successors or assigns, shall seek to remove or eliminate.
The GRANTOR recognizes its obligation to hold harmless, defend, and indemnify the
Authority and any successor, assignee, transferee, lender, or lessee of the Authority or its-
03-37059.02 2
successors and assigns, as required by Section 330 of the National Defense Authorization Act of
1993, as amended (Pub. L. No. 102-484), and to otherwise meet its obligations under Federal
law.
IV. Notice of Non-Discrimination
With respect to activities related to the Property, the GRANTEE covenants for itself, its
successors and assigns that the GRANTEE, and such successors and assigns shall not discriminate
upon the basis of race, color, religion, sex, age, handicap, or national origin in the use, occupancy,
sale or lease of the Property, or in their employment practices conducted thereon in violation of the
provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. Section 2000d); the
Age Discrimination Act of 1975 (42 U.S.C. Section 6102); and the Rehabilitation Act of 1973, as
amended (29 U.S.C. Section 794). The Army shall be deemed a beneficiary of this covenant without
regard to whether it remains the owner of any land or interest therein in the locality of the Property
hereby conveyed, and shall have the sole right to enforce this covenant in any court of competent.
jurisdiction.
THE CONDITIONS, RESTRICTIONS, and COVENANTS set forth in this deed are a
binding servitude on the herein conveyed Property and will be deemed to run with the land in
perpetuity. Restrictions, stipulations and covenants contained herein will be inserted by the
GRANTEE verbatim or by express reference in any deed or other legal instrument by which it
divests itself of either the fee simple title or any other lesser estate in the Property or any portion
thereof. All rights and. powers reserved to the GRANTOR, and all references in this deed to
GRANTOR shall include its successor in function. The GRANTOR may agree to waive, eliminate,
or reduce the obligations contained in the covenants.
IN WHITNESS WHEREOF, the GRANTOR hereby sets its hand and seal as of the
day of~,2000.
UNITED STATES OF AMERICA
Acting by and through
By:
PAUL W. JOHNSON
Deputy Assistant Secretary of the Army
(Installations and Housing)
03-37059.02 3
ACKNOWLEDGMENT
STATE OF VIRGINIA )
) SSo
COUNTY OF ARLINGTON )
The foregoing quitclaim deed was acknowledged before me this day of
, 2000, by Paul Johnson, Deputy Assistant Secretary of the Army,
United States Department of the Army, on behalf of the United States of America.
My commission expires
Notary Public, Commonwealth of Virginia
ACCEPTANCE
In Testimony Whereof, witness the signature of the City of Tustin, Calilbmia, a
municipality organized and existing Under the laws of the State of California, and recognized as
the Local Redevelopment Authority ("Authority"), on this' day of ,
2000 hereby accepts and approves this quitclaim deed for itself, its successors and assigns, and
agrees to all the conditions, reservations, resthctions, and terms contained therein.
CITY OF TUSTrN, CALIFORNIA
LOCAL REDEVELOPMENT AUTHORITY
STATE OF CALIFORNIA
By:
COUNTY OF ORANGE
The foregoing Agreement was acknowledged before me this ~dax of~
2000, by on behalf of the City of
Tustin, the Local Redevelopment Authority.
WITNESS my hand and official seal.
My commission expires:
03-37059.02
SPECIAL PROVISIONS/CONDITIONS TO
ENCROACHMENT PERMIT NO.
(February 28, 2000)
KR Execution
ISSUANCE:
Io
.
4:
.
.
Encroachment Permit No. is being issued pursuant to the Tustin Army
Reserve Memorandum of Agreement Between the United States of America
(Thru the Secretary of the Army or Designee) and the City of Tustin (hereinafter
referred to as the "Agreement") on the __ day of~, 2000 and covers the area
identified as Parcel 2 of Record of Survey No. 99-1041 filed in Book
Page of' Miscellaneous Maps and recorded as Instrument No.
in Official Records of Orange County, California and as
quitclaimed to the City of' Tustin, California (the "City") by Quitclaim Deed
recorded as Instrument No. , official records of said Orange
County (hereinafter "Encroachment Permit").
Issuance of this Permit shall allow the United States of America acting by and
through the United States Department of the Army (the "Government"), the
owner of Parcel 1 of Record of Survey No. 99-1041, continued vehicular and
pedestrian access across said Parcel 2.
Issuance of this Permit shall allow continued use of said Parcel 2 by the
Government in a manner similar to past use including maintenance of existing
structures and grounds until such time this Permit is terminated, pursuant to
paragraph 5, below.
The Government shall not constrUct any buildings, walls or other permanent
structures or grade, trench or otherwise disturb the existing condition of said
Parcel 2 except for normal and required maintenance. Any excavation or grading
which is necessary shall require written permission from the City.
This Permit shall terminate at such time as the road commonly referred to as
Barranca Parkway, located on Parcel 2, is improved to its final width and
becomes accessible to the public.
In addition, the City maintains the right to access said Parcel 2 at any time for an3
reason, including granting permission to utility companies for the installation of
underground utilities.
The Standard Provisions and Conditions, attached, shall apply to the Government.
The Government shall not be required to pay any fees to the City for the
Encroachment Permit.
03-39.19
ENCROACHMENT PERMIT
PAGE 2
In Testimony Whereof, witness the signature of the City of Tustin, California, a
municipality organized and .existing under the laws of the State of California hereby sets its hand
and seal as of the__ day of~, 2000.
CITY OF TUSTIN
LOCAL REDEVELOPMENT AUTHORITY
By:
STATE OF CALIFORNIA
COUNTY OF ORANGE
The foregoing Encroachment Permit was acknowledged before me this day
of __, 2000, by on behalf of the
City of Tustin, the Local Redevelopment Authority.
WITNESS my hand and official seal.
My commission expires
ACCEPTANCE
In Testimony Whereof, witness the signature of the Government, acting by and
through The Secretary of the Army, United States Department of the Army, this day of
· 2000.
UNITED STATES OF AMERICA
By:
PAUL W. JOHNSON
Deputy Assistant Secretary of the Army
(Installations and Housing)
o3-3oaol .oi 2
ENCROACHMENT PERMIT
PAGE 3
COMMONWEALTH OF VIRGINIA )
SS
COUNTY OF ARLINGTON )
The foregoing Encroachment Permit was acknowledged before me this dav of
~, 2000, by Paul W. Johnson, Deputy Assistant Secretary of the Army (Installations and
HoUsing) on behalf of the Government, acting by and through The Secretary of the Army, United
States Department of the Army
WITNESS my hand and official seal.
My commission expires on:
03-3t}..101.01 3
WHEN RECORDED RETURN TO:
Kutak Rock
1101 Connecticut Avenue, N.W.
Washington, D.C. 20036
Attn: Mr. George Schlossberg, Esq.
KR Execution
This Space is Reserved for Recorders Use Onh,
GRANT OF UTILITY EASEMENT
THIS GRANT OF EASEMENT, made this~ day of ,2000 by and between the
UNITED STATES OF AMERICA, acting by and through the SECRETARY OF THE ARMY,
(hereinafter referred to as the GRANTOR") and the CITY OF TUSTIN, CALIFORNIA and
recognized as the Local Redevelopment Authority by the Office of Economic Adjustment on behalf
of the Secretary of Defense for the former Marine Corps Air Station Tustin (hereinafter referred to
as the "GRANTEE").
WHEREAS, GRANTOR and the GRANTEE have entered into a Memorandum of
Agreement Between the United States' of America Acting By and Through the Secretary of the
Army or Designee and the City of Tustin, California, dated the ~ day of ,2000
(hereinafter referred to as the "MOA");
WHEREAS, the GRANTOR has the authority to Grant this Easement over the
GRANTOR's property under and pursuant to the Federal Property and Administrative Services Act
of 1949, as amended 40 U.S.C. {}484, and the delegation of authority to the Secretary of Defense
from the Administrator of the General Services Administration (41 C.F.R. 101-4'~.6011 and thc
delegation of authority from the Secretary of Defense to the Secretary of the Army (20 F.R. 7113).
The GRANTOR, for and in good and valuable consideration to it in hand paid by the
GRANTEE the receipt whereof is hereby acknowledged, grants and declares this easement in
perpetuity located in Tustin, California, and described as follows:
Easements over, across, and through the GRANTOR's roads and areas of the property to
permit the GRANTEE or its agents and assignees to access and maintain, construct,
repair, replace and install all utilities that are located on the GRANTOR's property and
that serve property not owned by the GRANTOR, all as described in Exhibit
To have and to hold the easements hereby granted in perpetuity unto the Grantee.
EFFECTIVE the ~ day of ,2000.
[SIGNATURE PAGE FOLLOWS]
03-37003.02
day of
IN WHITNESS WHEREOF, the GRANTOR hereby sets its hand and seal as of the~
,2000.
UNITED STATES OF AMERICA
Acting by and through
By:
PAUL W. JOHNSON
Deputy Assistant Secretary of the Army
(Installations and Housing)
ACKNOWLEDGMENT
STATE OF VIRGINIA )
COUNTY OF ARLINGTON )
The foregoing Easement was acknowledged before me this day of
, 2000, by Paul Johnson, Deputy Assistant Secretary of the Army,
United States Department of the Army, on behalf of the United States of America.
My commission expires
Notary Public, Commonwealth of Virginia
03-370§3.02 2
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t:tn: SPLEE-A
,laval Facilities [ngtne:rtng Co~:,~nd
),0, Box 7Z7 ,' ".
;an Bruno, CA 9406~ ' , ·
:o~and~r. ~. S'Amy~ngtneerlng 31strict ' " ' . ' '
,
.
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11 TIII5 ITJM O~l'.Y/,I,1'1 ~[-5 T0 AMENDM~H'S 0~: 5OLI:ITATI0rlS
·
SEE ATTACHMEI~T
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1~ Deletes X~nad-'~o'rces Reserve Center O.So /4arln¢ Corps Air Fa~'ilfty. San~
Rna, California ~. · ·
Inset: Amed Fo~es Reserve Center ~.~. Nartne C~s~ Att Station
(llel~copter], Tust(n, Ca1
~. First Paragra~, change s~Lian design~LJon fr~: U.S. ~ne ~s Air
F~cJlt~, San~ Aha, California To ~rtne Co~s Air S~tlon (lielJcopLer), ·
;
Tust~n, ~lJfornJ a
3o Delete Article 1 in ~ts en%Jre~ and ~n lieu thereof 1nseC: .
1~ The NAYY and ~e AR~ shall Jotntly ~cupy and use a s~te containing
31.3 acres, mb~ or less, (~ereinaf~r called ~e
for t~e cons~ctJon, operation a~ ~tntena~e of an A~ Fo~es Reserve ....
.... Ce ntet,'-'s ai d 'SI ~' bei ng 'del i nea :ed' bn" Re ~t ' Esta t~' 'S~~--'~'- ~-' ~.Xl 0~3 7 g - '
~rk~ E~lb1.t 'A', a:tached he~to a~ ~hibJ~ 'A'. '
DEi~AI~I'I'M~NT OF THI~ NAY'Y '
11011
' w~s~ ~v,~oN ~ ~11/~8S-Z33
N~VAL FACIt. ITIES ENGINEERING COMMAND t~( R1-61624
8 S~P
F~:. c~der. ~este~ OJ~fslon, ~v~l F~clltt~es Engineering
~.l~rta) ·
SubJ: A~ED ~~ RESERVE CEdaR AT ~R~E CO~S AIR ~TATI~I, TUSTI;I, CA
Encl' (1) ~n~t of'Solt~tto~/Xodtflcatt~ ~o. T~ (Z) of }test-Ten~n~
Real Es~ Agraemen:, ~(RI~6Z4, 27 Jun 63
(Z) C~structtofl 0~ll
1. [~los~m (1) for ~o~r r~o~s ts a fully ex~d'~dtflcc[lon
:ha: re~cc:s ~e change In ~e acreage of land gr~t~ f~ 31.3 to 30.1
aC~S. ·
g. E~losure {2) is four, ed ~ re~estcd in yOu~ let~r d~ted 2G
...
.
3. [f ~ere arc an~ quos:tons..p]e~se con,ct ou~ Hr. F'r~k Sou:h~c~
[4151 877-7~0.
~lind copy to'
C0.'..tC,'~E~T [Code AQ) (w/ensl l}
t.~?,S El TOro (Code [JA) (~/encl l)~
CDR ~rd ~uqC~'4, (Att~' AFKC-ACA-F~-~cR~}
bbs to- (','/o onci)
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Western Olvl:s Ion
'!".:'.'*i:.,val Facllftlec Engineering Coemand
"'.o. Box 727
San ar-uno, CA 940116r0720
£o--a&ndeF. U.S. Army Engineering DlsLrict
Los ~gales, P.O. Box 2711
Los Angeles, CA 900~3-232.5
tn':. SPLRE-A
FAD LI TV CODE
I I. Ti lis ITEMONLY' APPI.IE$10 AMENDMENTS OF $OLICITATION~S
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13. 1ills ITEM AJ~PLIES ONLY' TO MODIFIC^TIONS OF CONTFi^CI$/OItDERS. '
IF-MODIFIES TI IE CONTrlACT/ORO~ t40. AS DESCfllDED IN I1 EM 14.
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mo~e or ~ess,' ~o ~0.1 lores, ~ore or ~ess, as high~l~htcd in red o~ ~
nap marked ~lb~ "A" a~ache~ hereto a~ ~ade a p3rr ~ereo~.
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